[Ord. No. 1814 §1, 4-2-1996]
The City shall provide books containing uniform traffic tickets. Said books shall include serially numbered sets of citations in quadruplicate in the form prescribed by Supreme Court Rule.
Such books shall be issued to the Chief of Police or his/her duly authorized agent, a record shall be maintained of every book so issued and a written receipt shall be required for every book. The judge or judges hearing City ordinance violation cases may require that a copy of such record and receipts be filed with the court.
The Chief of Police shall be responsible for the issuance of such books to individual members of the Police Department. The Chief of Police shall require a written receipt for every book so issued and shall maintain a record of every such book and each set of citations contained therein.
[Ord. No. 1814 §1, 4-2-1996]
Except when authorized or directed under State law to immediately take a person before the Municipal Judge for the violation of any traffic laws, a Police Officer who halts a person for such violation other than for the purpose of giving him/her a warning or warning notice and does not take such person into custody under arrest, shall issue to him/her a uniform traffic ticket which shall be proceeded upon in accordance with Supreme Court Rule Number 37.
[Ord. No. 439 Art. XVII §3 and Art. XXII §11, 2-19-1968; Ord. No. 1814 §1, 4-2-1996]
Whenever any motor vehicle without driver is found parked or stopped in violation of any of the restrictions imposed by ordinance of the City or by State law, the officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user, and shall conspicuously affix to such vehicle a uniform traffic ticket for the driver to answer to the charge against him/her within five (5) days during the hours and at a place specified in the traffic ticket.
Separate Violations. When a traffic violation ticket is placed upon any vehicle, additional tickets may be placed thereon for each overtime parking violation or fraction thereof that said vehicle remains in such parking space. Each separate overtime parking period or fraction thereof shall constitute a separate and distinct violation.
The five (5) day privilege for payment provided in this Section shall not avail any person who parks or stops in a prohibited zone and as a result thereof has his/her motor vehicle impounded by the Police Department. Such person, in order to reclaim his/her vehicle, must immediately pay the prescribed fine for the offense charged or post cash bail as provided by court order.
Any person paying a satisfaction fine after twenty (20) days from the date of violation shall be required to pay costs of five dollars ($5.00) in addition to the amount of the original satisfaction fine, and any other fines, penalties or costs; provided however, if the violator within such twenty (20) days shall request, in writing, an extension of time not to exceed fourteen (14) days for the payment of such fine, penalties and costs, or for the posting of a bond in Municipal Court, such extension shall be granted by the Clerk for the period of time so requested. If the violator fails to pay within the time granted, a warrant for arrest shall be issued.
[Ord. No. 1814 §1, 4-2-1996]
If a violator of the restrictions on stopping, standing or parking under the traffic laws or ordinances does not appear in response to a uniform traffic ticket affixed to such motor vehicle within a period of five (5) days, the Traffic Violations Bureau shall send to the owner of the motor vehicle to which the traffic ticket was affixed a letter informing him/her of the violation and warning him/her that in the event such letter is disregarded for a period of five (5) days a warrant of arrest will be issued.
[Ord. No. 1814 §1, 4-2-1996]
Members of the Police Department are authorized to remove a vehicle from a street or highway to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department, or otherwise maintained by the City under the circumstances hereinafter enumerated:
When any vehicle is left unattended upon any bridge, viaduct, or causeway, or in any tube or tunnel where such vehicle constitutes an obstruction to traffic;
When a vehicle upon a highway is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is by reason of physical injury incapacitated to such an extent as to be unable to provide its custody or removal;
When any vehicle is left unattended upon a street and is so parked illegally as to constitute a definite hazard or obstruction to the normal movement of traffic.
Whenever an officer removes a vehicle from a street as authorized in this Section and the officer knows or is able to ascertain from the registration records in the vehicle the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal and the reasons therefor and of the place to which such vehicle has been removed. In the event any such vehicle is stored in a public garage, a copy of such notice shall be given to the proprietor of such garage.
Whenever an officer removes a vehicle from a street under this Section and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of three (3) days, then and in that event the officer shall immediately send or cause to be sent a written report of such removal by mail to the State department whose duty it is to register motor vehicles, and shall file a copy of such notice with the proprietor of any public garage in which the vehicle may be stored. Such notice shall include a complete description of the vehicle, the date, time, and place from which removed, the reasons for such removal, and the name of the garage or place where the vehicle is stored.
No person shall abandon a motor vehicle or other personal property upon the streets or highways of this City.
No person shall place or abandon a vehicle or other personal property upon any public or private property without the express or implied consent of the owner or person in lawful possession or control of such property.
Any Police Officer or other authorized official who has reasonable grounds to be that a vehicle or other personal property has been abandoned may remove the vehicle or other personal property, or cause it to be removed, at the expense of the owner, to the nearest garage or any other place designated by the City, and shall immediately send a written report of such removal to the Police Department, which report shall include a description of the vehicle or other personal property, the date, time and place of removal, the grounds for removal, and the name of the garage or place where the vehicle is located. Upon receipt of a report as provided in this Subsection, the Police Department shall notify the registered owner of the vehicle, or any lienholder, giving the grounds for removal and the name of the garage or place where the vehicle is located. If the vehicle is not registered in this State, the Police Department shall make a reasonable effort to notify the registered owner or any lienholder of the removal and the location of the vehicle. The Police Department shall forward a copy of the notice to the owner or person in charge of the garage or place where the vehicle is located. The Police Department shall make all reports and inquiries as required by Sections 304.155 — 304.158, Missouri Revised Statutes.
For purposes of this Section, a vehicle or other personal property shall be presumed to be abandoned if it is left unattended on a street or highway for a period in excess of forty-eight (48) hours, or is left on any public or private property without express or implied consent of the owner or person in lawful possession or control of such property; however, within the meaning of this Section and that of Section 375.070, a vehicle parked in a commercial parking station, without timely payment of the parking fee posted thereon pursuant to the provisions of this Code, shall be deemed prima facie to be parked thereon without the express or implied consent of the owner, lessee or person in lawful possession, charge or control of such commercial parking station.
Any person violating any provision of this Section shall be punished by a fine of not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00).
Any Police Officer is hereby authorized to remove a vehicle or other personal property to the nearest garage or other place designated by the City under the circumstances enumerated in this Section:
When any vehicle upon a street is so disabled as to constitute an obstruction to traffic and the person in charge of the vehicle is, by reason of physical injury or condition, incapacitated to such an extent as to be unable to provide for its custody or removal.
When any vehicle or other personal property is parked illegally or placed in such a manner as to constitute a hazard or obstruction to the movement of traffic and when a traffic summons has been affixed to the vehicle or presented to the owner or operator.
When a vehicle is parked on the streets in the same place continuously for forty-eight (48) hours and a summons has been affixed to the vehicle or presented to the owner or operator.
When the driver of any vehicle is taken into custody by the Police Department and such vehicle would thereby be left unattended upon a street or highway.
When any vehicle is found being driven or moved on a street or highway which is in such unsafe condition as to endanger any person or property and a summons has been presented to the owner or operator or affixed to the vehicle.
When any vehicle is parked on private property or upon an area developed as an off-street parking facility without the consent of the owner, lessee or person in charge of any such property or facility, and upon the complaint to the Police Department by the owner, lessee, or person in charge of such property or facility, and a summons has been presented to the owner or operator or affixed to the vehicle.
When any vehicle is found on the street, and the driver, owner or persons in charge of such vehicle, while driving or in charge of such vehicle or while such vehicle was parked or stopped, has received a summons to answer to a charge against him/her for violation of the Traffic Code, and such driver, owner or person in charge has failed to appear and answer to such charge within the specified time.
When any vehicle or personal property is directly interfering with the maintenance and care or the emergency use of the streets by any proper department of the City.
When any vehicle is parked on the streets or any public place without valid license plates or with license plates reported stolen and when a traffic summons has been affixed to the vehicle or presented to the owner or operator.
When a stolen motor vehicle or other personal property is found on a public street or private property.
When removal is necessary in the interest of public safety because of fire, flood, storm or other emergency reason.
When any vehicle is parked on the streets or any public place and bears a City license plate or decal which has been reported stolen or which has been issued to a motor vehicle other than that to which it is affixed, or which has been altered or counterfeited, and when a traffic summons has been affixed to the vehicle or presented to the owner or operator.
Any vehicle or personal property removed or taken into custody under the provisions of Section 375.070 shall be held, except as provided in this Section, until the owner or his/her authorized agent applies for such vehicle or personal property and pays the cost of towing and storing such vehicle or personal property. Before releasing any vehicle on which a traffic ticket has been issued by the Police Department, the Police shall require that a bond be posted for an appearance in court on such violation as well as on any other outstanding warrants. In lieu of a bond being posted, the Police may accept the driver's license of a State resident, or they may accept payment of the satisfaction fine, penalties and cost of the offense if court appearance is not mandatory, and transmit such moneys to the Traffic Violations Bureau. If the owner or authorized agent post a bond for an appearance in court or, in lieu or posting a bond, deposits his/her license, the Police Department will prepare a statement of towing and storage charges and will forward it to the court. Upon a plea of guilty or finding of guilty, after trial, the court shall collect the amount due for towing or storing the vehicle or property. If, after trial, a finding of not guilty is rendered, such towing and storage charges will not be collected. If no ticket was issued the owner and/or lienholder may request a hearing under Section 304.156.5, Missouri Revised Statutes.
Each year, on or before May first (1st), the City Clerk, with the advise of the Chief of Police shall determine the rate of tow-in and storage charges and shall notify the Board of Aldermen in a written communication of the rates. Calculations of storage charges shall commence immediately after the vehicle or personal property is impounded. No storage charge shall be assessed if the vehicle or personal property is released to the owner within the first twenty-four (24) hours after the property is impounded. The costs and expenses shall be a lien in favor of the City on the motor vehicle or personal property, provided that if at any time the vehicle or personal property is removed under the provisions of Section 375.070 (9) and (11) the Police Department may release the vehicle without cost to the owner.
On the first (1st) day of each month, the Police Department, if applicable, and the City Public Works Department shall forward to the City Clerk a copy of its office description and all other pertinent information which may be required by the Department concerning each motor vehicle or other personal property which has been impounded under the provisions of this Article and held for a period of thirty (30) days, unredeemed by its owner, after notification pursuant to Section 304.156.1, Missouri Revised Statutes. Thereafter, at such intervals as the City Clerk may determine, a public sale shall be had as required in this Article, but immediately before the actual making of any sale, the City Clerk shall submit his/her list to the City Public Works Department and to the Police Department, if applicable, of properties to be sold for the elimination of any impounded articles redeemed and returned to their owners, but included within the published advertisement for sale, and immediately after the sale the City Clerk shall report to the City Public Works Department and to the Police Department, if applicable, a complete list of all the property sold, including the sale price, all charges as provided in this Article, and the balance, if any, available to the owner.
In accepting payment for removal and storage charges as provided in this Article, after proof of ownership and before the sale, the Police Department shall give the person applying for the motor vehicle a receipt showing the amount paid, which amount shall at the same time be recorded in the records of the City. The collections of each day shall be paid to the City Treasurer on or before the close of his/her office on the following day. The dockets, notices and records and statements therefrom, and all other files and papers relating to the items of business provided for in this Article, shall at all times be open and shall be audited during the City Audit annually.
Any person claiming to be the owner of any impounded property as in this Article provided shall make written application therefor to the Police Department on forms furnished by the Department, and shall furnish said Department such additional proof as may be required to establish said ownership. If he/she shall present to the Department proof of his/her ownership of the impounded property prior to the date of actual sale thereof pursuant to the provisions of this Article, then the property itself shall be delivered to said owner under the conditions provided for in this Article, but if said property has been sold, the Department shall endorse its findings of ownership with a copy of the written application addressed to the City Clerk, and the owner may present the application and finding to the Chief of Police; and if presented within one (1) year after the sale, then such balance of the proceeds of the sale, after deductions as in this Article provided, shall be paid to the owner.
Whenever the City Clerk shall decide to offer impounded properties for sale, he/she shall publish notice of the sale at least once in a newspaper distributed in the City at least five (5) days before the sale. Such publication shall briefly describe the property, state the date, time and place of the sale, state that the sale shall be made to the highest bidder at public auction, and give the manufacturer's name, model and motor number, and the identity of the record owner, if known; however, before any such sale shall be published, the Police Department shall cause an investigation to be made for the purpose of determining the identity of the record owner of any such motor vehicle.
The City Clerk shall make a report of the sale of motor vehicles under this Article by appropriate affidavit, to the Director of Revenue of this State, fully identifying each motor vehicle sold and the identity of the purchaser thereof, in such form as may be required by such Director of Revenue.